This ruling is very disturbing in the way it was casually arrived at without due thought on its basis in law, impact on the nation and the spirit of the constitution and onekenya.

Religion has always and will always be a red button in man's history and future. I am not surprised that the biggest roadblock to Kenyans realising a new constitution is now religion, not tribalism or politicians or any of our usual suspects, reason being their is normally no compromise on religious beliefs.

Kenyans must not open this box, nobody wins. I am sure Kenyans will rise above emotions and make personal compromises the way Bishop Gitari and Njoya have done.

@Obi, why can't Supkem rise and be the greater people. there are many nations in the world that don't have Kadhi's courts. they can say - for the good of the Nation. we accept that these courts are being contentious and we can live under article 45(4) with everyone else.

@Obi

...but we have and the High court agreed.

On Aug 4, they still go home with their rulings and apellate decisions.

It would be interesting to find out how many more important cases these 3 jokers put aside to dig up this case fastrack the dodgy decision to try and save their a**s.

@amhere,
I think the new constitution comes with no baggage. Its a clean start for all laws applicable in Kenya.
Besides, even in the current ruling the judges I believe said that there is nothing the courts can do as the courts cannot change the constitution.

How do you decide which part of the constitution is more important than the other, rights of worship or Kadhi courts.

@all
I would also like to understand how the courts ruled on the spending on Kadhi courts as being illegal, to my knowledge, public expenditure is proposed by government through budget and approved by parliament annually, and I think judiciary and parliament also prepare their annual budgets with some level of autonomy from executive, the kadhi's court gets funding by virtue of their being considered part of the judiciary.
The inclusion in the ruling that they should not be publicly funded was therefore unnecessary and meant to stir the emotions of Kenyans to reject the draft constitution.